Legal Update – Recent Court Decisions

First National Properties Ltd. v. District of Highlands
B.C. Court of Appeal (2001)

• elected officials are entitled to have strong opinions on land use and environmental issues
• such strong beliefs do not amount to malice entitling property owners to bring an action for abuse of public office

“Land use and environmental protection are surely not purposes extraneous or foreign to municipal governments. … A motivation to preserve lands in their natural state is a proper municipal purpose, even where lawful actions carried out in furtherance of that purpose adversely affect the interests of one or more property owners.”

“Decisions made by elected officials in pursuit of what they see as the public good often adversely affect private interests. Knowledge that this will result can surely not, if the power is otherwise properly exercised, convert such decisions into targetted malice.”